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NCE - Ethics
Parson - roots in counseling profession through vocational guidance book: Choosing a vocation side note: During World War I, the U.S. Army asked psychologists to develop assessment devices to screen out unfit draftees, to place draftees in appropriate jobs, and to select qualified persons for officer training Super - replaced vocational guidance with counseling psychology Professional Organizations -
- American Counseling Association (ACA)
- American Psychological Association (APA) Division 17 ACA - Organized into 18 divisions Counsel for Accreditation of Counseling and Related Education Programs (CACREP) - establish criteria to develop standards and to accredit master's and doctoral level counselor training programs. The National Board of Certified Counselors, Inc. (NBCC) - started by ACA, now indep with ties to ACA Certification - Counselor certification is a process that recognizes the qualification of individuals to engage in the professional practice of counseling.
Normally, certifications are given by professional organizations, though states or training facilities may also offer certifications. Currently, the NBCC offers certification in six specialized areas:
- Career counselor,
- Gerontological counselor,
- School counselor,
- Mental health counselor,
- Community counselor, and
- Addictions counselor States also offered specialty certifications for specific settings, and before the establishment of state licensure, certification was the only credential in counseling offered by some states. For example, school counselors are required to be certified through the state department of education in all 50 states. School certification limits the counselor to counseling only in schools within the state Licensure - Licensure pertains to the legal status of the practice of counseling and protects both the public and the profession. Licensure is dependent upon the state laws that control and regulate the counseling profession. State laws include descriptions of the nature and limits of counseling practice and descriptions of exempt settings Licensure is distinguished from certification in that licensure: a. Enables the counselor to practice independently b. Is regulated by state licensing boards, and c. Is required for third party payment Codes of Ethics and Standards of Practice - Fundamentally, ethical codes are developed by professional associations and licensing boards to protect and promote the welfare of clients. Other purposes for codes of ethics include:
- Educate members of the profession about ethical conduct,
- Enhance the public's trust in the profession,
- Provide a means to ensure accountability by enforcing standards,
This section addresses issues of limitations of confidentiality, group and family situations, record keeping, reporting of research, disclosure or transfer of records, supervision, and consultation. Section C: Professional Responsibility - Counselors are to exhibit competence in their practice, including reading, understanding, and following the Code of Ethics and Standards of Practice. Boundaries of professional competence, obtaining proper training and supervision, monitoring effectiveness, continuing education, refraining from practice when impaired, accurate advertising, honest representation of credentials, avoidance of sexual harassment, accurate reporting to third parties, and respect for other professionals are some of the issues included in this section. Section D: Relationships with other Professionals - Counselors clearly define their roles and establish working agreements with other professionals. This section addresses issues of work conditions, evaluations, development of self and staff, selection of staff, professional conduct, consultation, and subcontractor arrangements. This section also addresses the acceptance of fees for referrals from other professionals, as well as the acceptance of a fee from a client privately/directly when the client is entitled to services through the agency for which the counselor works. Section E: Evaluation, Assessment, and Interpretation - Counselors should be competent in administering and interpreting assessment instruments for which they have been properly trained and in utilizing the information in a competent and ethical manner. The appropriate use of assessment instruments, limits of competence, obtaining informed consent, choosing instruments, and proper reporting of results are addressed in this section. Section F: Teaching, Training, and Supervision - Counselors who teach or supervise should be skilled as teachers and practitioners, and develop and maintain appropriate relationships with students and supervisees. This section addresses such issues as boundaries with students and supervisees, sexual relationships with students or supervisees, teaching and supervision competence, education and training program development, evaluation procedures, and dual relationships. Section G: Research and Publication -
Counselors design, conduct, and report research in a manner consistent with ethical principles, laws, regulations, and scientific standards. This section addresses informed consent, precautions to avoid injury, confidentiality, accuracy in reporting, and other issues related to research with human subjects. Section H: Resolving Ethical Issues - Counselors should be knowledgeable of the Code of Ethics and the Standards of Practice and take appropriate action when ethical violations occur. Reporting of ethical violations by colleagues, consulting with other counselors when dealing with difficult ethical situations, unwarranted complaints, resolving ethical conflicts, and cooperating with ethics committees are issues addressed in this section. Scope of practice - "a recognized area of proficiency or competence gained through appropriate education and experience". State licensing statutes typically specify the scope of practice for the profession. An individual's scope of practice is usually narrower than the professional scope of practice and is based on the individual's specific skills, training, and experience Professional Counselors - Professional Counselors engage in a wide variety of activities work in a variety of settings counseling generally is distinguished from psychotherapy in terms of the severity of the client's problems Counseling focuses on situational problems and problems with transitional periods and emphasizes short-term counseling processes Psychotherapy focuses on more serious psychological, emotional, and relational problems and often requires a longer process. Counseling is also distinguished from guidance in that guidance specializes in helping clients make educational and career choices Counseling Psychology ~ Psychologists - Counseling and counseling psychology developed side-by-side and were once considered sister occupations. However, training, orientation, and licensing requirements for each are quite different.
Buckley Amendment Family Educational Rights and Privacy Act of 1974 (FERPA, Public Law 93-380) - gives parents of minors as well as students 18 yrs. old or older two rights: 1) access to educational records kept by the institution, and 2) prevention of the institution from releasing information to a third party (other than another school) without written consent. Parents or guardians of dependent students can be given copies of the students' records without the student's consent. While written consent is not required in the case of transferring a student's record to another educational institution, parents must be notified and must be given copies if they desire them Individuals with Disabilities Education Act (IDEA) (Public Law 94-142; PL 94-142) - Originally called the Education for All Handicapped Children Act, it was renamed in 1990 and revised in 1997. The law requires educational institutions to provide the least restrictive environment possible to all students regardless of the nature and degree of their handicap. School counselors should be aware of the federal guidelines that apply Professional negligence - occurs when the counselor departs from ordinary practice or fails to exercise due care. The most frequent allegations of malpractice involve violations of confidentiality, sexual misconduct, failure to prevent suicide, and other allegations of incompetent treatment To succeed in a malpractice claim, these four elements must be present:
- a professional relationship was established between the counselor and the client (Duty),
- the counselor was negligent or deviated from the standard of care of the profession (Breach of Duty),
- the client suffered harm or injury that can be demonstrated (Injury), and
- a causal relationship exists between the negligence of the counselor and the harm claimed by the client (Causation) Privacy - Privacy is a constitutional right to keep certain information concealed. The right to privacy addresses not only the communications between counselor and client but also: the disposal of records, video/audio recordings, not being identified in the waiting room,
credit card information for billing (where the credit card company will have information of the fact that the person received counseling and from whom), the use of computer scoring services, as well as many other activities Confidentiality is an ethical and professional obligation and an expression of this broader concept of right to privacy.
- Related to confidentiality and privacy, privileged communication has a narrower meaning and is a legal concept. Privileged communication laws protect clients from having confidential information disclosed in a court of law without their permission. State statutes define what kinds of information are privileged and what category of professionals can assert privilege.nce Tort - Tort liability is a civil, rather than criminal, wrong. A tort is a type of harm done to an individual that requires the person who inflicted the harm to pay damages. Torts may be unintentional, such as in cases of malpractice, or intentional. Intentional torts include battery (unconsented touching of a person), defamation, invasion of privacy, and infliction of mental distress Ethical Decision-Making: General Principles 6 Moral Principles -
- Autonomy
- Beneficence
- Nonmaleficence
- Justice
- Fidelity
- Veracity Autonomy - Counselors respect the rights of clients to make their own choices and control their own lives. The ACA guideline states that, Counselors encourage client growth and development in ways that foster the client's interest and welfare; counselors avoid fostering
principle. Theories of Ethical Reasoning -
- Utilitarianism
- Formalist Ethical Theory Utilitarianism - a theory of ethical obligation based on the idea that the rightness or wrongness of an action depends on the goodness or badness of its consequences. In determining the right course of action, what produces the best consequence (most pleasurable or least painful) for the most number of people is the ethical thing to do Formalist Ethical Theory - developed by the rationalist philosopher Immanuel Kant. The morality of an act is determined formally, that is, by the application of a reasonable principle without any reference to circumstances or consequences of the act. A person can determine whether an action is reasonable (ethical) by applying the test of the "categorical imperative." The categorical imperative test is the process of viewing an action as a universal moral law. The question to ask oneself is, "if this action was done by everyone (a universal moral law) would a rational person want to live in such a world?" For example, to a formalist thinker, lying under any circumstances is not moral because if lying was a universal moral law then no one could ever trust another person. No rational human being would want to live in such a world. Resolving Ethical Issues -
- identify the problem,
- apply the ACA Code of Ethics,
- determine the nature and dimensions of the dilemma,
- generate potential courses of action,
- consider the potential consequences of all options;
- choose a course of action,
- evaluate the selected course of action, and
- implement the course of action.
